Gov. Kathleen Sebelius appointed Dan Biles, Shawnee, to the state Supreme Court on Wednesday. Biles, best known for his work for state agencies, represented the State Board of Education in a 1999 lawsuit that eventually forced the state to phase in an 92 million increase in school funding over the past four years. He’ll replace Chief Justice Kay McFarland, who is retiring Monday after more than 31 years on the court. Biles was joined by his family: from left Sydney, 12, Allison, 19, Claire, 10; and his wife, Amy McCart, who is assistant research professor at KU in the Department of Special Education.

Sydney Biles, 12, sits behind her father, Dan Biles, during the press conference Wednesday to announce his appointment to the Kansas Supreme Court.

Gov. Kathleen Sebelius appointed Dan Biles, Shawnee, to the state Supreme Court on Wednesday. Amy McCart, Biles' wife, pictured at left in background, is assistant research professor at KU in the department of special education.

Topeka ? Gov. Kathleen Sebelius said Wednesday that she had three excellent nominees to the Kansas Supreme Court, including Douglas County District Court Judge Robert Fairchild, but she selected Dan Biles, a Shawnee attorney, because of her personal and professional relationship with him.

Sebelius said of Biles, Fairchild and the other nominee, Kansas Court of Appeals Judge Thomas Malone, “there wasn’t a wrong decision to make.”

Both Fairchild and Malone have years of judicial experience, but Sebelius noted Biles’ legal work on complex constitutional cases before the Kansas Supreme Court.

For example, Biles represented the State Board of Education in the huge school finance lawsuit that eventually forced nearly $900 million in additional education funding.

Biles said he has argued cases before the state Supreme Court more than 20 times.

Biles’ law partner is Kansas Democratic Party Chairman Larry Gates, but Sebelius, a Democrat, denied that had anything to do with her selection process. Instead, she noted her longtime relationship with Biles.

“I have called on Dan professionally over and over again,” she said.

Biles and Sebelius’ husband, Gary Sebelius, a federal magistrate judge, worked for years as attorneys on school litigation stemming from the landmark Brown v. Board of Education desegregation lawsuit.

Sebelius said her husband was a “great judge of people” and is a fan of Biles.

The selection of Biles represented the third time Fairchild had made the final cut for a seat on the Kansas Supreme Court — and the third time that Sebelius didn’t pick him.

Fairchild said he was disappointed he wasn’t selected but honored to have been nominated. “I’m fortunate that I have a great position that I love and people I love working with,” he said.

He wished Biles “the best.”

Biles, 56, will fill the vacancy created by the retirement of Chief Justice Kay McFarland. Biles and his wife, Amy McCart, who is an assistant research professor in the department of special education at Kansas University, have three children.